What Qualifies as Workplace Discrimination in California?
Workplace discrimination in California is a serious legal issue, and state laws offer strong protections for employees who are treated unfairly due to certain protected characteristics. Under the California Fair Employment and Housing Act (FEHA), it is illegal for employers to discriminate against employees or job applicants based on specific traits such as race, gender, age, disability, and more.
Protected Characteristics Under California Law
California law prohibits discrimination based on the following personal characteristics:
- Race or ethnicity
- National origin or ancestry
- Gender, gender identity, or gender expression
- Sex or sexual orientation
- Religious beliefs or practices
- Disability (physical or mental)
- Age (40 and older)
- Pregnancy, childbirth, or related medical conditions
- Marital status
- Military or veteran status
- Genetic information
Discrimination can occur during hiring, promotions, job assignments, compensation, layoffs, or terminations. It can also take the form of harassment or unequal treatment in day-to-day work conditions.
Examples of Workplace Discrimination
Workplace discrimination is not always obvious. Some common examples include:
- Being passed over for promotion because of your age or gender
- Receiving lower pay than coworkers performing similar work
- Derogatory remarks or jokes targeting your race or religion
- Firing or demoting an employee who becomes pregnant
- Denying reasonable accommodations for a disability
If any employment decision is made based on one of the protected characteristics listed above, it may qualify as unlawful discrimination under California law.
Your Legal Rights
If you suspect that you are being discriminated against at work, you have legal options. You may file a complaint with the California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH), or pursue a civil lawsuit. In many cases, you must file with the CRD and obtain a “Right to Sue” notice before proceeding to court.
When to Contact an Attorney
Employment discrimination cases can be complex and emotionally challenging. An experienced California employment law attorney can help evaluate your situation, gather evidence, and guide you through the legal process. Many attorneys offer free consultations and work on a contingency basis, meaning you don’t pay unless they win your case.
If you’ve experienced workplace discrimination, don’t wait. The law provides strict deadlines for filing complaints. Act quickly to protect your rights and hold your employer accountable.